Attorney General for New South Wales v Mulipola (Preliminary) [2021] NSWSC 790

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for New South Wales v Mulipola (Preliminary) [2021] NSWSC 790 Hearing dates: 29 April 2021 Date of orders: 29 April 2021 Decision date: 29 April 2021 Jurisdiction: Common Law Before: Walton J Decision: The Court orders that: (1) Pursuant to ss 121 and 126(5) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("the Act"): (a) Two qualified psychiatrists, registered psychologists and/or registered medical practitioners (or any combination of two such persons) be appointed to conduct separate examinations of the Defendant and to furnish reports to the Supreme Court on the results of those examinations by a date to be fixed by the Court; and (b) The Defendant is directed to attend those examinations. (2) Pursuant to ss 121, 130 and 131 of the Act, the Defendant be subject to an interim order for the extension of his status as a forensic patient commencing at the first moment of 12 May 2021 and expiring three months later. (3) Access to the Court's file in this proceeding be restricted such that access would be permitted to a non-party only with the leave of a Judge of the Court, and with prior notice to the parties so as to allow them an opportunity to be heard in respect of the application for access. Catchwords: CIVIL – Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – application for interim extension order – general principles – forensic patient – limiting term due to expire – factors under s 127(2) – unacceptable risk – orders Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Guardianship Act 1987 (NSW) Mental Health Act 2007 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Mental Health (Forensic Provision) Act 1990 (NSW) Cases Cited: Attorney General for New South Wales v Rohan (Preliminary) [2020] NSWSC 1610 Attorney General for NSW v MZ [2017] NSWSC 1773 Attorney General of New South Wales v Kereopa (No 2) [2017] NSWSC 928 Attorney General of New South Wales v Vakapora (Preliminary) [2020] NSWSC 1701 Attorney-General of NSW v McGuire (No 2) [2014] NSWSC 288 Cornwall v Attorney General of New South Wales [2007] NSWCA 374 R v Mulipola (Unreported, District Court of NSW, Judge Hock, 28 June 2001) R v Mulipola (Unreported, District Court of NSW, Judge Norman SC, 9 December 2016) Category: Principal judgment Parties: Attorney General of New South Wales (Plaintiff) Levi Mulipola (Defendant) Representation: Counsel: A Mykkeltvedt (Plaintiff) N Evans (Defendant)